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warrior (Personal)     23 May 2012

Mc125 -warrant recall how?


->My Wife filed MC125 during July 2011.

->Exparte order (Nov 2011) to pay 13,000/-pm as I am abroad. GPA or Lawyer were not allowed to contest from my side before exparte order.

->Court did not release Judgment copy until March 06 2012, as soon as it released my wife files MC125(3) for arrers. and Requested for arrest warrant on me, then warrant issued.

->I have Paid Rs 30,000/- to my wife during march 2012, balance Rs 90,000/- I don't want to pay.

->I want to recall warrant , I will deposit Rs 90,000/- in Court but I DON"T  want to give money to my wife. As she already sent me to Jail by filing false 498A/DV/DP4-6.

Question :

1) Can I get warrant cancellation by depositing money in the court?  I don't want to give money to my wife.

2) I want to go for SET ASIDE of the earlier MC125 judgment order as it was ex-parte order.

3) what to tell court so that Judge will not give money to my wife and have it in the court and cancel warrant?






 1 Replies

sibasish pattanayak (lawyer)     23 May 2012


if you want to recall of W/A , in connection  with MC 125, YOU HAVE TO DEPOSIT  minimum 50./. of dues with the Ld. court or to your wife ( it depends on in which place your court is located , nomally in WEST BENGAL court recalling W/A on deposition 50 percent.)

if you deposit with the court , your wife is entitled to withdraw the same amount , court can not restrain your wife.

so both are same .

option is in your hand. better you go to revision against the exparte order.

thanx .

sibasish pattanayak, Advocate

09874854594 / 09874080022.

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